Defendant

φυλακές

The difficulties of visiting relatives in prison due to distance are, under certain conditions, a breach of the family life of the prisoner.

JUDGMENT Labaca Larrea v. France 02-03-2017 (no. 56710/13, 56727/13 και 57412/13) see here  SUMMARY The difficulties of visiting relatives in prison due to distance are, under certain conditions, a breach of the family life of the prisoner.visit him, since the ability of his family members to visit him is necessary for the continuation of his normal family […]

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Inability to make informed choice of lawyer undermined rights of the defence and fairness of proceedings as a whole

JUDGMENT Dvorski v. Croatia 20.10.15 (no.  25703/11) see here SUMMARY: The case concerned the refusal by the police to allow a lawyer hired by the applicant’s parents to represent him while he was being questioned at a police station on suspicion of multiple murder, armed robbery and arson. The applicant confessed to the offences after […]

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Following conviction of war crimes in his absence, defendant should have had a real possibility of a rehearing of his case

JUDGMENT: Sanader v. Croatia 12.02.2015 (no. 66408/12) see here SUMMARY  The case essentially concerned the complaint by a man convicted in his absence of war crimes – committed in 1991 as a participant in Serb paramilitary forces – that he was unable to obtain a rehearing of his case. The Court found that the possibilities […]

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Use of anonymous witness testimony without measures to compensate for the handicaps caused to the defence by the lack of a direct confrontation with the witness

JUDGMENT: Balta and Demir v. Turkey 23.06.2105 (no. 48628/12) see here SUMMARY: The case concerned the applicants’ conviction for membership of an illegal organisation, on the basis of statements by an anonymous witness whom the applicants were unable to question at any stage of the proceedings. The Court observed that the applicants and their lawyers […]

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The validity of the presumption of innocence following a Strasbourg decision.

JUDGMENT: Dicle and Sadak v. Turkey 16.06.2015 (no. 48621/07) see here SUMMARY: The continuation of the conviction in the criminal record despite the commencement of the repeat procedure constitutes a breach of the presumption of innocence. This case concerned the consequences of the reopening of proceedings in the national courts of criminal jurisdiction following the […]

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